ILNews

Commission votes on court-related recommendations to lawmakers

Michael W. Hoskins
January 1, 2007
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A handful of Hoosier counties got a nod from a legislative study commission for new courts and judicial resources this week, and those recommendations will now go to lawmakers for consideration in the next General Assembly session.

The Commission on Courts met Monday to discuss and vote on several measures that include new courts or judicial officers, but Marion County and the Indiana Court of Appeals are not on the list of recommendations.

The commission did not bring up or vote on a previous request from the Indiana Court of Appeals for a three new appellate judges for a sixth district, and they also noted a request was withdrawn from Marion County to convert 20 commissioners to magistrates.

However, commission members voted to add a second Circuit judge in Franklin County and abolish that court's magistrate position; convert two Madison County Court judges into the fourth and fifth Superior judges; add a second judge to Miami Superior Court; create two new general magistrate positions for St. Joseph Probate Court to replace the juvenile magistrates there; to create a new magistrate position for the Dearborn-Ohio Circuit Court; and to abolish the Jefferson-Switzerland Circuit Court with Jefferson County retaining the current joint Circuit judge.

Each one of those received a unanimous vote, along with the two other topics that warranted a vote from the commission.

One of the recommendations would allow for magistrates statewide to enter final orders or judgments in proceedings that involve small claims, protective orders, or cases that prevent domestic or family violence. Currently, only Allen and St. Joseph county magistrates have these powers, and judges there told the commission that the courts' growing caseloads in these areas means that they couldn't operate without the magistrates performing those functions.

The chairman read a statement from St Joseph Superior Judge John Marnocha that said the process has worked well and that, "It is particularly important to litigants that they have a final decision at the time it is made, rather than waiting for a judge to approve the recommendation of the magistrate. It has also alleviated judges from the time it takes to review the orders (which) in a high volume court is crucial."

Commission members voted unanimously to recommend the magistrate powers expansion to lawmakers.

The commission decided not to address or vote on changes regarding judicial mandates, instead opting to leave that responsibility to the Indiana Supreme Court to address as situations arise.

None of these votes put the changes in effect; all of the commission's recommendations will go to the General Assembly for consideration in their next legislative session.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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